Minimum Capital Requirements for Credit Risk

When protection is bought on the securitized assets, maturity mismatches may arise in the context of synthetic securitizations (when, for example, a bank uses credit derivatives to transfer part or all of the credit risk of a specific pool of assets to third parties). When the credit derivatives unwind, the transaction will terminate. This implies that the effective maturity of all the tranches of the synthetic securitization may differ from that of the underlying exposures. Banks that synthetically securitize exposures held on their balance sheet by purchasing tranched credit protection must treat such maturity mismatches in the following manner: For securitization exposures that are assigned a risk weight of 1250%, maturity mismatches are not taken into account. For all other securitization exposures, the bank must apply the maturity mismatch treatment set forth in 9.10 to 9.14 . When the exposures being hedged have different maturities, the longest maturity must be used. 73 The envisioned decomposition is theoretical and it should not be viewed as a new securitization transaction. The resulting subtranches should not be considered resecuritisations solely due to the presence of the credit protection. 74 ‘Sub-tranche of highest priority’ only describes the relative priority of the decomposed tranche. The calculation of the risk weight of each sub- tranche is independent from the question if this sub-tranche is protected (i.e. risk is taken by the protection provider) or is unprotected (i.e. risk is taken by the protection buyer). Simple, Transparent and Comparable Securitizations: Scope of and Conditions for Alternative Treatment 18.66 Only traditional securitizations including exposures to ABCP conduits and exposures to transactions financed by ABCP conduits fall within the scope of the simple, transparent and comparable (STC) framework. Exposures to securitizations that are STC-compliant can be subject to alternative capital treatment as determined by 19.20 to 19.22 , 20.11 to 20.14 and 22.27 to 22.29 . 18.67 For regulatory capital purposes, the following will be considered STC- compliant: (1) Exposures to non-ABCP, traditional securitizations that meet the criteria in 18.72 to 18.95 ; and (2) Exposures to ABCP conduits and/or transactions financed by ABCP conduits, where the conduit and/or transactions financed by it meet the criteria in 18.96 to 18.165 . 18.68 The originator/sponsor must disclose to investors all necessary information at the transaction level to allow investors to determine whether the securitization is STC- compliant. Based on the information provided by the originator/sponsor, the investor must make its own assessment of the securitization’s STC compliance status as defined in 18.67 above, before applying the alternative capital treatment. 18.69 For retained positions where the originator has achieved significant risk transfer in accordance with 18.24 , the determination shall be made only by the originator retaining the position. 18.70 STC criteria need to be met at all times. Checking the compliance with some of the criteria might only be necessary at origination (or at the time of initiating the exposure, in case of guarantees or liquidity facilities) to an STC securitization. Notwithstanding, investors and holders of the securitization positions are expected to take into account developments that may invalidate the previous compliance assessment, for example deficiencies in the frequency and content of the investor reports, in the alignment of interest, or changes in the transaction documentation at variance with relevant STC criteria. 18.71 In cases where the criteria refer to underlying assets – including, but not limited to 18.94 and 18.95 and the pool is dynamic, the compliance with the criteria will be subject to dynamic checks every time that assets are added to the pool. Simple, Transparent and Comparable Term Securitizations: Criteria for Regulatory Capital Purposes